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Court Cases

11/09/2022

Australian court: NSW security of payment adjudication determination ‘precondition’ to legally enforceable debt

The case, in the matter of Nicolas Criniti Pty Ltd (in Liquidation), serves as a stark reminder for contractors and subcontractors of the difficulties associated with recovering amounts due under a construction contract where the contractual counterparty

11/04/2022

British Virgin Islands: They think it's all over. No, it's not…

This decision confirms that an order resulting from an application to set aside a statutory demand is final and no leave is required to appeal it.

11/01/2022

English Court's Beacon for Mutual Recognition and Enforcement of Judgments Positively received by UAE MOJ

It remains to be seen what practical impact the MoJ’s letter will have on the decisions of the UAE courts

10/31/2022

Termination provisions: the English High Court continues to adopt a strict approach to contractual construction

The judgment is a useful reminder of how the English Courts approach questions of contractual construction and the strict approach that is generally taken.

10/28/2022

High Court orders parties in competition case to 'over-disclose' information

It comes after a number of significant issues were raised over the proposed disclosure process in the competition case

10/27/2022

Enforcement of assigned judgment debt refused by British Virgin Islands Court

The BVI nevertheless remains a creditor friendly jurisdiction, and as the obiter comments made by the Court in relation to the public policy defence show, the Court will assist creditors where possible, even if the outcome may be imperfect.

10/27/2022

Trustees’ Rights of Indemnity: Who Takes Priority?

The law of Jersey applied in both cases

10/26/2022

Dechert’s Client IOENGINE Wins Order in Western District of Texas Denying Motion to Transfer Venue in Patent Suit

In denying Roku’s motion to transfer venue, the Court agreed with Dechert’s argument that Roku’s motion was undermined by a lack of candor.

10/20/2022

Common Cause, represented by Southern Coalition for Social Justice and Hogan Lovells, files brief in voting rights case to be heard by the U.S. Supreme Court

The legal arguments made by the petitioners in Moore are untenable and incoherent

10/17/2022

Directors’ duties on the precipice of insolvency: a brief overview of BTI 2014 LLC v Sequana SA

Sequana is the first time the UKSC has adjudicated on the circumstances

10/11/2022

Supreme Court rules on directors duty to act in interests of creditors

The payment of the dividend meant that AWA had significantly fewer assets available to pay under its indemnity obligations.

10/10/2022

BTI v Sequana – directors must continue to be aware of creditors' interests on the road to insolvency

Although decisions of the UK Supreme Court are not binding upon the jurisdictions in which Ogier practises law

10/10/2022

UK Supreme Court decision offers relief to directors of insolvent companies

At the time the dividend was paid, AWA was apparently solvent on both a balance sheet and a cash flow basis

10/07/2022

Scottish court confirms power of ADR decision makers

The judgement also indicates that how the terms of dispute resolution clauses in contracts are drafted can have a major impact on how the courts will interpret and enforce them.

10/04/2022

Seahawk China Dynamic Fund: Grand Court dismisses application to wind-up on the just and equitable basis

The Court considered whether the need for an investigation into the affairs of a company could be a stand-alone ground for presenting a winding-up petition.

09/28/2022

Litigation case update: when will a parent company have to give disclosure of a subsidiary's documents?

The case provides both a succinct summary of the law in this area and practical guidance on how the Court will approach the competing evidence of the parties when a specific discovery application is made against a parent company seeking documents held by

09/28/2022

Hogan Lovells notches antitrust trial win, helps defeat DOJ challenge to UnitedHealth–Change Healthcare merger

The Hogan Lovells team represented UnitedHealth Group from the beginning of DOJ’s investigation of the transaction in early 2021 through trial in August 2022.

09/27/2022

Hogan Lovells files amicus brief on behalf of organizations seeking to prevent gun violence in Washington, D.C.

The brief explains that the Metro firearms ban is consistent with the Supreme Court’s Bruen decision and historical practice because the Metro is a “sensitive place” unsuited to the routine carrying of guns.

09/26/2022

The value of effective alternative dispute resolution clauses

The Scottish parliament and other bodies have the likes of mediation on their reform agenda, and in recent years have been consulting on possible legislation to promote its use.

09/23/2022

Escalation clauses in Hong Kong-seated arbitrations

If any dispute cannot be resolved amicably within sixty (60) business days of the date of the Party's request in writing for such negotiation

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